In a move that underscores the evolving landscape of immigration enforcement, federal agents recently employed an often-overlooked immigration policy known as “expedited removal” to detain migrants outside a Detroit courthouse.
This policy, established by Congress in 1996, has been utilized by all subsequent presidents as part of their immigration control strategies. However, it has seen expanded use under President Donald Trump.
Understanding Expedited Removal
Expedited removal is a swift process allowing immigration agents to deport certain individuals without court hearings. As Ruby Robinson, managing attorney at the Michigan Immigrant Rights Center, explains, “It’s just a paper signed by a Border Patrol agent, but it has the same effect as a deportation order issued by an immigration judge. There is no way to appeal that decision.”
Under Trump’s policy, expedited removal applies to those who entered the U.S. without authorization and have resided for less than two years, according to the National Immigration Forum.
If an individual expresses a “credible fear” of persecution or torture in their home country, ICE must refer them to U.S. Citizenship and Immigration Services for a swift asylum interview, often conducted by phone. If the agent deems the fear not credible, deportation may proceed.
Deportations under expedited removal can be executed in as little as one day.
Historical Context of Expedited Removal
Initially, expedited removal applied only to those apprehended attempting unauthorized border crossings. The policy’s scope was expanded under George W. Bush’s administration to include individuals caught within two weeks of entry and within 100 miles of the border.
In 2019, the Trump administration further extended the policy to encompass anyone who entered without authorization and had been in the country for less than two years. President Joe Biden rolled back this expansion in 2022, but Trump reinstated it upon returning to office, directing ICE agents to use it aggressively.
According to the American Immigration Council, expedited removal peaked in 2013 under President Barack Obama, with 197,613 deportations through this process that year.
This policy expansion is currently facing legal challenges in federal courts for allegedly violating the constitutional guarantee of due process, which protects all individuals in the U.S. regardless of immigration status.
Current Application of Expedited Removal
To achieve the goal of deporting one million people annually, the Trump administration adopted a new approach: arresting and deporting individuals outside courthouses and immigration offices.
Individuals with active asylum cases are not subject to expedited removal. However, to circumvent this, the administration is instructing immigration judges—who are not independent federal judges but employees of the Department of Homeland Security—to dismiss cases immediately at ICE attorneys’ requests. Previously, immigrants had ten days to respond before a case could be closed.
ICE attorneys appear to focus dismissal requests on individuals eligible for expedited removal, coordinating with civil agents to arrest them immediately after hearings.
Who’s at Risk for Expedited Removal?
Those at risk for expedited removal are primarily individuals who entered the U.S. without authorization and have been in the country for less than two years. This group may include asylum seekers fearing persecution or harm if returned to their home countries.
Not subject to expedited removal are:
- Individuals with active asylum cases
- Unaccompanied children
- Those who overstayed a visa
- U.S. citizens
- Permanent legal residents
Critics warn that the lack of safeguards in the expedited removal process can lead to the erroneous detention or deportation of individuals with legal status—even U.S. citizens.
The American Immigration Council notes, “The authority of immigration officers to initiate expedited removal lacks sufficient safeguards. In practice, the law allows a frontline immigration officer to act simultaneously as prosecutor and judge.”
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